Tag: ERISA
9th Circuit Upholds Dismissal of Chevron Fiduciary Breach Lawsuit
The appellate court found that the allegations showed only that Chevron could have chosen different vehicles for investment that performed better during the relevant period, or sought lower...
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Celebrating 40 Years of the 401(k)
...And discussing how it could be further strengthened
Editor’s Letter
No ‘Yes’ Men (or Women)
For 2019, maybe it’s a good idea to put fiduciary training on the committee calendar.
Settlement Proposed in BB&T ERISA Self-Dealing Litigation
The case has been vigorously litigated for over three years; now, just weeks ahead of a scheduled trial, negotiations between the parties have delivered a resolution, pending a...
USC Files Petition for Supreme Court to Review 9th Circuit’s Refusal to Compel Arbitration
The question before the high court is, “Whether an agreement to arbitrate ‘all claims’ that an ERISA plan participant ‘may have’ against a plan fiduciary encompasses a breach-of-fiduciary-duty...
Lawsuit Challenges Health Care Organization’s Governmental Plan Status
A lawsuit claims Atrium Health does not meet the definition of governmental entity under ERISA, so its retirement plans do not fall under ERISA's governmental plans exemption.
ERISA Litigation, Regulation Landscape Set for 2019
Speaking to a room of plan sponsors and specialist consultants in Boston, two ERISA litigation experts offered a detailed review of recent action in big-ticket lawsuits impacting employer...
ERISA Litigation Insights From LexisNexis
Some 83,000 lawsuits have been filed under the Employee Retirement Income Security Act in federal district court since 2009, according to Lex Machina, a LexisNexis company; fewer than...
Fiduciary Duties for Auto-Portability Solution Spelled Out by DOL
The DOL has issued an advisory opinion letter in response to a request by Retirement Clearinghouse (RCH), for the Department’s opinion on the status of certain parties as...
DOL Asks for Input on Retirement Plan Auto-Portability
The request comes in a notice of proposed exemption from prohibited transactions for Retirement Clearinghouse's auto-portability solution.
Key Parts of AT&T ERISA Lawsuit Dismissal Motion Fail
Another district court ruling in the matter of Alas vs. AT&T sides in part with the plaintiffs and in part with the defendants, making yet another amended complaint...
Putnam to Seek Supreme Court Input on Burden of Proof
Putnam Investments has asked for a stay in a case accusing it of self-dealing in its 401(k) plan so it can petition the U.S. Supreme Court regarding whether...
DOL Provides Relief for Plans Impacted By Recent Hurricanes
The Department of Labor has published employee benefit plan compliance guidance and relief for victims of Hurricanes Florence and Michael, recognizing that plan fiduciaries and employers may encounter...
Neuroscience Center Pension Plan Fiduciary Settles ERISA Dispute
Under DOL scrutiny, the Illinois-based employer has agreed to restore nearly $420,000 to its defined benefit pension plan.
Another District Court Decision for Dignity Health Church Plan Lawsuit
The interim decision is a mixed bag that falls more in favor of the plaintiffs, but it by no means concludes the litigation—not least because plaintiffs have already...
Putnam Proprietary Fund Suit Revived on Appeal
Finding "errors of law" in a district court's decision, the 1st Circuit remanded the duty of prudence claims for review.
Fidelity Faces a Myriad of Allegations in New ERISA Lawsuit
In addition to self-dealing allegations, the complaint calls out Fidelity for not negotiating revenue sharing refunds for its 401(k) plan participants and not considering stable value options for...
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Fiduciary Insurance Is Critical
Insurers scrutinize potential customers more carefully